Many people lack a factual understanding of events in our region because the media report them inadequately. We blog here because our daughter Malki, murdered at the age of 15 in a restaurant massacre in Jerusalem, was a victim of jihadist hatred and barbarism. For jihadism and terrorism to end in Israel, New York, Madrid, London and everywhere else, people first need to understand the scale on which it is happening and why. This ongoing war is killing us.

Tuesday, August 05, 2014

5-Aug-14: Making sense of uncommon condemnation from the State Department

Those who prefer to believe that Israeli forces targeted a Gaza school this past Sunday morning (like the UN Secretary General who called it "a moral outrage and a criminal act"), will keep believing it. War, and how you think it's going, tends to bring out (depending on your starting point) politically-spun and/or incautious and/or ideologically-spun reactions from people.

So while there is abundant evidence out there, we believe, showing how manipulatedthe evidence of a strike on a school is or at minimum how many unresolved questions there are, and how cautious the IDF's actions routinely are, and even (if you care to take a closer look) how much this particular incident resembles a classic Pallywood staged event, we know that there is just no stopping the narrative that says the IDF set out to do it, and did it, and that they will do it again if they're not stopped. That's how it goes in cognitive warfare.

But assuming for a moment, as many rational and thoughtful observers do, that what happened in Rafah, Gaza Strip, two days ago was principally about eliminating three Hamas terrorists on a Rafah public street, how do we explain the furious responses of certain governments? In particular, that of the US?

On Sunday morning, Israel conducted an air strike to take out
Hamas operatives on a street in Rafah, in southern Gaza. Reporting afterward indicated that three Hamas guerrillas on motorcycles were
struck, and at least seven reported bystanders were killed in the attack.

The media and the UN promptly went into
overdrive to characterize this incident as an attack on a UN school, because
the street where the Hamas guerrillas were struck was outside the school (which
is being used as a shelter).

Rick Moran reconstructed the event, however,
using multiple sources, and pointed out at PJ Media that the air strike, which
appears to have involved a single missile, didn’t hit the school at
all. In fact, it looks to have upheld Israel's usual standard
of precision, hitting the target it was aimed at and leaving, in the words of
the UK Telegraph, minimal physical destruction: "just a small
but deep hole in the road where the missile had landed."

That in itself defies the reflexive media
characterization of an indiscriminate shelling attack "on a school." But
blogger Lenny Ben-David also did some sleuthing on the collateral casualties in
the attack, and what he found was that all but two of them appeared to be military-age
males.

Whether the young adult males were on the
street near Hamas for fell purposes or not, these facts paint a picture
different from the "attack on a school" narrative.

In fact, Israel didn’t attack a school. The IDF attacked
Hamas guerrillas. The guerrillas had positioned themselves, for whatever
reason, on the street outside of a school. They were taken out in a
pinpoint strike and the school was never hit, nor was anyone in it or on its
grounds hit.

As a matter of waging war lawfully, the IDF’s
action comports with the standards of international convention. The IDF
targeted combatants, and took care to use as precise a weapon system as
possible to minimize collateral damage in an area that might have civilians in
it. Regrettably, there were apparently at least some children in the
area, but it is by no means clear that that factor was different from any
previous instance of the IDF targeting Hamas operatives in vehicles on city
streets. The targets and their vehicles were outside the school grounds –
on the other side of its perimeter fence – at the time of the strike. The
IDF used only the force necessary to accomplish the task; no more. And it
used that force as precisely as technology allows. It didn't choose a more
destructive method, which might have guaranteed the kill better but at a higher
collateral cost.

What all this means is that, based on what we
know at this point, Israel’s action was not even questionable, much less
indictable. Far from being disgraceful, it is an example of the
preternatural care and restraint routinely shown by the IDF.

The
United States is appalled by today’s disgraceful shelling outside an UNRWA
school in Rafah sheltering some 3,000 displaced persons, in which at least ten
more Palestinian civilians were tragically killed. The coordinates of the
school, like all UN facilities in Gaza, have been repeatedly communicated to
the Israeli Defense Forces. We once again stress that Israel must do more to
meet its own standards and avoid civilian casualties. UN facilities, especially
those sheltering civilians, must be protected, and must not be used as bases
from which to launch attacks. The suspicion that militants are operating nearby
does not justify strikes that put at risk the lives of so many innocent
civilians. We call for a full and prompt investigation of this incident as well
as the recent shelling of other UNRWA schools. We
continue to underscore that all parties must take all feasible precautions to
prevent civilian casualties and protect the civilian population and comply with
international humanitarian law.

It's not actually funny that hardly a word of
this communication is valid or pertinent. It's horrifying, because it
came from the government of the United States.There was no shelling; the number of
displaced persons housed at the school is irrelevant (and seems to have been
included for rhetorical effect), given that the school was not hit, nor was it
likely to be; the exceptional care taken by the IDF is what ensured that the
school would not be hit, even though Hamas was putting the area around the
school in danger; and the suspicion (in this case, the knowledge) that "militants" are operating nearby does, precisely and emphatically, justify
strikes, which is why it is a war crime to hide military activities behind
civilians and/or protected sites.

There is no moral principle of war that the
presence of civilians demilitarizes what would otherwise be a military target,
rendering it ineligible for attack. Rather, the opposite is true. It is not a war crime or an inherently vicious or disproportionate act to
attack a combatant. Period. That applies no matter where he is.

This is what makes the State Department press
release so acutely irresponsible. The money sentence:

The
suspicion that militants are operating nearby does not justify strikes that put
at risk the lives of so many innocent civilians.

A correspondent of mine pointed out that with
this declaration, the Obama administration is going even further than the UN's
specious indictments of Israel:

You
realize that this is worse than what the UN has generally been saying. The UN
boilerplate has been the "presence of militants" doesn't justify firing. This
is saying even militants "operating" is no justification.

It’s a good point, and it highlights the
foolishness of the posture suggested by the State Department statement.
There's no safety net at the bottom of the slippery slope it implies: if
a "militant" can arrange to operate near one or another officially recognized
venue of "innocent civilians," there will be no attacking him at all. The
whole earth can fill up with guerrillas attacking anything they want, and
hiding with impunity behind women and children.

But the sober fact is that the states parties
to the United Nations have not signed off
on any such convention for warfare. Rather, it is the recognized function
of the nation-state, under our modern-age philosophy and set of conventions, to
prevent such predatory activities by “militants,” and to do so effectively but
accountably. Nations, NGOs, and individual UN officials are often eager
to condemn Israel in whatever way is convenient to hand. But the nations reserve the right to wage war as necessary
to defend themselves and their interests, even if that means killing civilians
to get at combatants. They have no plans to actually rewrite the Geneva
Convention or the Rome Statute to change the rules for themselves.

Certainly the United States has no such
plans. The air strike on the Hamas guerrillas on Sunday was reportedly
from a drone – which puts it in the same category of strike that Barack Obama
has authorized far more of
than any other person on the planet. Indeed, he has
acknowledged that his own drone strikes may kill innocent civilians – innocent foreign civilians, on other nations' territory – but has justified them on
the same basis Israel does: because they save the lives of his and other
nations' citizens, whether military or civilian.

That's what the nation-state is there
for. Its top two tasks both involve protecting the life of a people, as
it is lived on territory: on one hand protecting the people against outside
powers – nation-state aggressors; aspiring hegemons or emperors – and on the
other protecting them against marauding "militants," whether they are called
terrorists, guerrillas, separatists, or some combination of those
categories. Every convention to which the United Nations have committed
themselves in making war is based on this understanding. If that were not
so, no one would have signed on to any of the conventions.

The U.S. State Department has ignored this
fundamental reality, in favor of striking an untenable and essentially
emotional posture in an official statement. In effect, it has apparently
launched an effort to deconstruct, clause by clause, the raison d’être of the nation-state. It may be
no surprise that the Obama administration has done this, but that doesn’t make
doing it any less destabilizing.

The U.S. is supposed to be the adult in the
room: the nation that stands fast, upholding the pokey old conventions we've
all actually agreed on, while the other nations roil around lobbing sophomoric
taunts and complaints, and failing to even get the basic facts of an incident
right in official statements. But here we are. The U.S. State Department
now has all the gravitas of an NGO scold, with no accountability or sense of
proportion.[Commander J. E. Dyer's comment appeared originally on the Liberty Unyielding website, and is cross-posted here with her permission.]

No comments:

We're asking you to help

Click the image for more

Search this blog

About us

THIS ONGOING WAR is not part of the activity of the Malki Foundation which was founded by us, Frimet and Arnold Roth of Jerusalem, on September 9, 2001. But it is inspired by the same tragic circumstances. The Malki Foundation (also known by its Hebrew name: Keren Malki) is a memorial to the life of our daughter, Malki. She's in the photo below this paragraph. Malki was murdered at the age of 15 in a massacre in the centre of Jerusalem carried out by Hamas.

Beyond its function as a remembrance of a beautiful life, the foundation provides tangible, concrete, invaluable support daily to several thousand Israeli families from every part of the religious and socio-economic spectrum: Christian, Moslem, Jewish, Druze and others who care at home for a seriously disabled child.

Jerusalem, Israel’s Capital
-
December 21, 2017 Long before the term “Zionism” described the national
liberation movement of the Jewish people—the quest to reunite an indigenous
people ...

2 months ago

Good for the soul | The Malki Foundation

If you care to make a positive and constructive contribution to the care of Israeli children with special needs - whether they're Christian, Moslem, Jewish, Druze or unconnected to any particular faith community - you can't do better than direct your donation to the work of the Malki Foundation.

It's the charitable organization we, the bloggers who produce This Ongoing War, established in 2001 in memory of our murdered daughter. Her name is Malki.

Keren Malki (in Hebrew, Keren means 'foundation' or 'fund') is efficient, effective, non-sectarian, non-political and unique in the good work it does. Thousands of families from every part of our richly diverse society here in Israel have benefited in concrete and meaningful ways. Donations to Keren Malki are tax-effective in Israel, Canada, UK and the United States.

Fair use notice

This blog may contain copyrighted material that may not have been specifically authorized by the copyright owner. Such material, published without profit, is made available for educational purposes, to advance understanding of human rights, democracy, scientific, moral, ethical, and social justice issues. It is published in accordance with the provisions of Israel's 2007 Copyright Law, the US Copyright Act of 1976, the 2004 Supreme Court of Canada ruling and similar laws in other jurisdictions.

This Ongoing War: About this blog

Many people lack a factual understanding of events in our region because the media often report them inadequately. Our daughter Malki, murdered at the age of 15 in a restaurant massacre in Jerusalem, was a victim of jihadist hatred and barbarism. For jihadism and terrorism to end in Israel, in New York, in Madrid, in London and everywhere else, people first need to understand the scale on which it is happening. This ongoing war is killing us.